Nevada County Picayune and Gurdon Times Newspaper Archive

City Marshal's Job Subject Of Petition

Two petitions are circulating in Gurdon concerned with the city's law enforcement.

One petition is to eliminate the city marshal form of law enforcement, replacing it with a chief of police. The other is to keep the city marshal position.

Former Gurdon Mayor Darrell Potratz is involved in the petition to do away with the marshal form, saying the intent is to do what's best for the residents of Gurdon and personalities don't enter into the picture.

Potratz said there are only two cities in Arkansas with a city marshal form of law enforcement  Gurdon and Chidester.

With a police chief, he said, the Gurdon City Council would be able to examine resumes and check qualifications for potential employees, as a chief of police would be.

Currently, the only qualifications to be city marshal are to be at least 21, live in Gurdon and never been convicted of a felony offense.

The council went through this battle in 1994, Potratz said, and voted to abolish the marshal's position. However, before anything could be done, the ordinance to do away with the post was repealed.

Potratz said the petition he's circulating has no legal weight, nor does the other one going around, but is to give the council support and show the people of Gurdon want a change.

Wednesday, Sept. 27, David Childres, Gurdon City Marshal, entered the Gurdon City Hall yelling at Gurdon Police officer Frank Plasek, accusing him of being in cahoots with Gurdon Mayor Rick Smith about Potratz's petition.

The two could be heard from the police department to the municipal offices, with Plasek denying involvement with the petition.

When questioned about the incident and petition Thursday, Sept. 28, Childres did apologize to the media for a remark made while he was upset.

He said the idea of doing away with the marshal's position is communism. "It's bad when someone running for office, because the mayor don't like him, tries to change things," he said. "This is nothing but a personal problem. He's using personal feelings mixed with the mayor's job."

According to Childres, Smith tried to recruit an opponent for he and his brother, Don, who is also running for the marshal's position.

Childres has said he may be forced to removed himself from the election because of health reasons, but has yet to do so.

A chief of police, he said, would mean the Gurdon Police Department would be controlled by the mayor's office, in effect, making the mayor the police chief.

"With a chief," Childres said, "if they don't do what they're told you can run them off. They'll get someone in he (the mayor) can rule."

Members of the council were contacted for their opinion about a city marshal versus a police chief.

Karen Parker learned of the petition's existence Wednesday when Smith came in and told her about it.

She said several calls had come in about it, but, as of Wednesday, hadn't actually seen the petition.

Mickey Jones, also a councilman, said the people can do what they want in this venue and can get up any petition they desire.

It will be looked at by the council, but the council doesn't have to act on it. "I don't think the council wants to get involved in this," she said. "It should be up to the people."

A special election, she said, could be held to determine what form of law enforcement the populace prefers.

"I think there will be hard feelings," she said, "but I hope not."

Councilman Johnny McQuirt said he didn't know anything about the petition and hadn't had a chance to look at it.

"I don't know what's going on," he said, "and I don't know what will happen.

"I hate to see an individual force rules on an entire community."

Todd Turner, chairman of the Clark County Democratic Party, said at this time both are still in the race.

There have been several calls from Gurdon people, he said, wanting the party to put someone else in the marshal's race. "The party can do nothing."

Smith admitted signing the petition to do away with the marshal's office, but said he isn't involved otherwise.He called Childres' behavior at City Hall unprofessional saying, "I hate to see it a personal issue made out of it."

The petition, he said, isn't being circulated by anyone at City Hall or on the council, but another petition has been generated by someone there.

"One of my major concerns about this thing," Smith said, "is when people are approached to sign either one, it will polarize Gurdon."

Both petitions will be scrutinized by the council, he said, with the most important thing being to verify the names and make sure they are registered voters within the city limits.

He added he would work to make sure no one felt intimidated or obligated into signing either one.

In 1994, he said, a similar petition went around with uniformed officers collecting signatures.

"We'll have to determine what's best for Gurdon," Smith said, "and keep personal issues out of it. It would be unfair to elect a marshal in November then abolish the position after the first of the year. This needs to be dealt with before the Nov. 7 election."

The issue, he said, is about the system of law enforcement for the community. "It's archaic to have an elected city marshal."

In 94 the council unanimously voted to abolish the marshal's position, he said, but the ordinance never went into effect.

Personal attacks were made, he continued, and another petition was circulated with people being intimidated into signing. This petition was also brought before the council, which reversed its decision about eliminating the post.

"As it stands now," Smith said, "if someone needs to talk to the marshal they have to find him. He has an unlisted phone number.

"If people have a problem with the GPD they come to the mayor, and I talk to the marshal."

The way state statute on city marshal's reads, he said, is the mayor and council can't direct the marshal to do anything, but control the money for the department.

A chief of police, though, would be accessible to the people and the city could write the policy to help give a police chief direction.

"It's a perplexing issue for me," Smith said. "The mayor and council can do nothing about Childres' actions.

"If the people want to keep a city marshal they need to be polled to see if they want hitching posts put up at City Hall and put the officers on horses.

"If the council wants to abolish the city marshal position, Childres can apply for the chief's job and his application would be considered with all others and welcomed by the mayor's office.

"Right now we're paying an officer to cover a shift that could be covered by a chief. Concerned citizens need to voice their opinions about this to their council member."

The petition to do away with the marshal's office calls for it to become effective as of Dec. 31, 2000, if the council chooses to do so.